Spivak Law Firm

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Get My PFA Dismissed

PFA Defendants Must Hire An Attorney

DV Pic2Q: Will a public defender represent me at my Protection From Abuse (PFA) hearing?

A: No.

People accused of abuse often make the terrible mistake of appearing in PFA Court without a lawyer to defend them. Many think that a public defender – a “free” lawyer – will be appointed to represent them.

But a public defender is available to low-income people in criminal matters only. A PFA is not a criminal matter. A PFA hearing takes place in family court not criminal court.

A PFA is a civil restraining order that restricts an “abuser” from having any contact with the “victim.” A PFA only becomes a criminal matter if the “abuser” violates the PFA Order.

If you’ve been served with a PFA, you need an attorney experienced in family law and criminal defense to represent you. At Spivak Law Firm, we’ve helped hundreds of people get the PFA dismissed while preserving their child-custody rights and protecting their reputations.

Served with a PFA? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Law Gives 5 Definitions Of “Abuse”

702075.TIFPennsylvania’s Protection From Abuse (PFA) Law lists five definitions of “abuse”:

The first definition of “abuse” involves physical or sexual violence. The law states: “Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon.” These are the types of conduct people most commonly associate with domestic violence.

Many people are surprised to learn that the second definition of “abuse” involves mere threats. The law states: “Placing another in reasonable fear of imminent serious bodily injury.” Thus, an angry email or text threatening harm or death may be sufficient to grant a PFA order.

The third definition of “abuse” refers to false imprisonment. The law states: “A person commits an offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.” Thus, for example, blocking someone from leaving a residence could result in a PFA against you.

The fourth definition of “abuse” specifically involves children. The law states: “Physically or sexually abusing minor children.” The PFA law then refers to statutes involving Child Protective Services.

The fifth definition of “abuse” refers to stalking. The law states: “Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury.”

As you can see, Pennsylvania’s PFA law is very broad. Judges have wide discretion in determining whether a PFA is warranted.

To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.